物流责任保险纠纷司法审理问题研析

Analysis on Judicial Trial of Logistics Liability Insurance Dispute

近年来,物流责任保险纠纷基本上保持着逐年增加的趋势。究其原因,在于物流行业管理混乱、保险合同规范化程度不高、保险赔偿标准不够明确、当事人现实权益难以保护。司法审判中,物流责任保险审理的难点与分歧较为集中,主要表现在案件事实查明环节存在的单证不规范、受托人转委托、合作联营运输等难点以及保险公司是否应承担保险责任问题上的分歧。在确认物流责任保险中保险金赔偿数额时,需要先判断第三人的间接损失是否属于赔偿范围,当存在多份有效公估报告时应做充分衡量,且已决案件对待决案件有既判力。

In recent years,logistics liability insurance disputes have basically maintained an increasing trend year by year.The reason lies in the confusion of logistics management,the low degree of standardization of insurance contract,the unclear standard of insurance compensation,and the difficulty of protecting the real rights and interests of the parties.In judicial trials,the difficulties and differences of logistics liability insurance are quite concentrated.It appears that the non-standard documents in the process of finding out the facts of the case,the difficulties of the trustee’s delegation,the cooperative joint transportation are the main difficulties;and the differences on whether the insurance company should bear the insurance liability exist as well.When confirming the amount of insurance compensation in logistics liability insurance,it is necessary to judge whether the indirect loss of the third party belongs to the scope of compensation,and when there are many effective evaluation reports,it should be fully measured.And the decided case has res judicata.